The fact that your spouse was seeking a divorce should not exactly be news at this point. After all, before serving divorce papers it is a requirement to complete a separation period of at least one year and one day.
However, you may have held out hope that your spouse would change their mind. That is a natural inclination, especially if you do not want the marriage to end. Now that they have officially served you with divorce papers, here is what you must do next.
Remember: You do not necessarily have to agree for the divorce to proceed
You may not want the marriage to end. However, that will not stop the divorce from moving forward. Spouses do not have to agree to end their marriage. Even if only one spouse wants a divorce, then the process can continue.
If you have not yet, seek legal guidance
It is critical to consult a legal professional as you approach a divorce. Even if you generally get along with your spouse and do not anticipate significant conflict, it is still important to obtain guidance. This can help you understand and protect your rights, whether they are your property rights, parental rights or both.
Review the documents
As the North Carolina Judicial Branch notes, when you are “served” with divorce papers, you receive the summons and the complaint. You should review these documents carefully, as they will include:
- Key information regarding your family and the divorce
- Next steps you will have to take
It is important to note here that equitable distribution and alimony are not necessarily automatic in the divorce process. You must file claims to ensure an equitable distribution of marital property or to obtain even temporary financial support through alimony.
Consider your goals
Your spouse may have a head start on evaluating exactly what they want to achieve – and protect – in seeking a divorce. After they serve you with divorce papers, it will be helpful to take time to consider your own goals. What is most important to you? How will you secure your finances?
You still have time to prepare for the divorce, even after your spouse serves you with divorce papers. You have the ability to protect your future.